Mark Miller

Senior Attorney

Florida

Attorney Mark Miller is a Senior Attorney with Pacific Legal Foundation and the Managing Attorney of PLF’s Atlantic Center in Palm Beach Gardens, Florida. He is experienced in property law, environmental law, administrative law, and constitutional law. He has appeared on CBS This Morning and Fox Business News Network, and his work has been published in the Wall Street Journal, San Francisco Daily Journal, Newark Star-Ledger, Miami Daily Business Review, and many other publications.

Mark was born and raised in New Jersey. Mark learned to fight for liberty and justice for all from his two grandfathers, one of whom fought for our country under General Patton during World War II and the other of whom graduated from NYU Law in the early 1920s. They both taught Mark to believe in the greatness of our country but to also do what he can to keep its government honest; that is what he does as a member of the PLF team.

The Florida Bar recognizes Mark as an expert in Appellate Practice, Thomson Reuters lists him as a SuperLawyer, Florida Trend Magazine describes him as a member of Florida’s Legal Elite, and Martindale-Hubbell awarded him its AV-Preeminent rating, its highest rating. He is the Immediate Past President of the Martin County Bar Association, the Florida Bar appointed him to the Board of Directors for Florida Rural Legal Services, Inc., and he is both a James Madison Institute senior fellow and a Federalist Society expert and approved speaker. He also serves on the Board of Directors for the Martin County Legal Aid Society.

He attended college and law school at the University of Florida, earning both diplomas with Honors. Mark has represented clients before local zoning boards and through every court level up to and including the Supreme Court of the United States. He served as co-counsel and second chair before the High Court in PLF’s two most recent Supreme Court victories: United States Army Corps of Engineers v. Hawkes Co., and Kent Recycling v. United States Army Corps of Engineers.

Attorney Mark Miller is a Senior Attorney with Pacific Legal Foundation and the Managing Attorney of PLF’s Atlantic Center in Palm Beach Gardens, Florida. He is experienced in property law, environmental law, administrative law, and constitutional law. He has appeared on CBS This Morning and Fox Business News Network, and his work has been published in the Wall Street Journal, San Francisco Daily Journal, Newark Star-Ledger, Miami Daily Business Review, and many other publications.

Mark was born and raised in New Jersey. Mark learned to fight for liberty and justice for all from his two grandfathers, one of whom fought for our country under General Patton during World War II and the other of whom graduated from NYU Law in the early 1920s. They both taught Mark to believe in the greatness of our country but to also do what he can to keep its government honest; that is what he does as a member of the PLF team.

The Florida Bar recognizes Mark as an expert in Appellate Practice, Thomson Reuters lists him as a SuperLawyer, Florida Trend Magazine describes him as a member of Florida’s Legal Elite, and Martindale-Hubbell awarded him its AV-Preeminent rating, its highest rating. He is the Immediate Past President of the Martin County Bar Association, the Florida Bar appointed him to the Board of Directors for Florida Rural Legal Services, Inc., and he is both a James Madison Institute senior fellow and a Federalist Society expert and approved speaker. He also serves on the Board of Directors for the Martin County Legal Aid Society.

He attended college and law school at the University of Florida, earning both diplomas with Honors. Mark has represented clients before local zoning boards and through every court level up to and including the Supreme Court of the United States. He served as co-counsel and second chair before the High Court in PLF’s two most recent Supreme Court victories: United States Army Corps of Engineers v. Hawkes Co., and Kent Recycling v. United States Army Corps of Engineers.

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Property Rights

United States v. Robertson

Montana man unjustly convicted of violating Clean Water Act

The Environmental Protection Agency and the U.S. Army Corps of Engineers prosecuted Joseph Robertson for allegedly polluting waters of the United States as a result of a series of ponds he built on land above the small town of Basin, Montana. The prosecution turned on a definition of “waters of the United States” that included land 60 miles away from the nearest navigable river. A jury agreed with this definition, finding the ponds had a “significant nexus” to the river, and convicted Robertson. As amicus, PLF supports Robertson’s appeal, arguing that the court should apply a narrower definition of “waters of the United States” that would exclude the ponds.

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Personal Liberties

Krause v. School Board of Indian River County, Florida

Florida student teaches school a lesson about free speech

In May of his junior year at Vero Beach High School, J.P. Krause was on the verge of winning the senior class president election when he gave an impromptu campaign speech in his AP U.S. History class, with his teacher’s permission. The 90-second humorous speech skewered some of the tropes of the Trump campaign – “my opponent will raise taxes!” – and contained other satirical remarks. Krause won the election, but then his principal disqualified him from taking office because his speech allegedly “humiliated” the second-place finisher, in violation of the district’s anti-harassment policy. When PLF, representing J.P. and his mother, informed the school district by letter that its actions violated the First Amendment, the district quickly reversed course and reinstated J.P. as senior class president.

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Procedural Guarantees

American Municipal Power v. Environmental Protection Agency

Administrative agencies cannot demand perfection

Dozens of industrial companies and trade organizations challenged two Clean Air Act-related boiler regulations imposed by the Environmental Protection Agency (EPA): the Major Boilers Rule and the Area Boilers Rule. These rules allow uninjured citizens to sue regulated companies should their boilers malfunction. Lower courts upheld the rule and the boiler owners and operators petitioned the U.S. Supreme Court to review the case. Because the Clean Air Act requires regulated parties to avoid hazardous air pollution only where “achievable,” PLF supports the petition and argues that the text of the law exempts malfunctions from the stringent CAA requirements and its citizen suit provision.

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By Mark Miller

Hamilton, the separation of powers, and Constitution Day 2017

Sunday marks the 230th anniversary of the signing of the Constitution of the United States. Pacific Legal Foundation celebrates Constitution Day this year with a column about a Founding Father and signer of the Constitution who now stars in the Broadway hit musical, Hamilton. We also use the opportunity to remind our federal legislators about the importance of the separation of powers outlined in the Constitution. The opinion piece will run in newspapers from coast to coast this weekend.

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By Mark Miller

Does President Trump know that his Administration is blocking an important Michigan road project?

On behalf of its client the Marquette County Road Commission, PLF filed its Reply Brief in Marquette County Road Commission v. EPA.

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By Mark Miller

Free speech at the University of Florida after Charlottesville

How should local public officials, be they police officers, city officials, or university presidents, protect First Amendment free speech rights when the safety of the public is put at risk … ›

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By Mark Miller

PLF’s Markle critical habitat case draws broad amicus support

This week, business groups, associations, think tanks, and government entities all filed “friends of the court” amicus briefs supporting PLF in its high-profile Supreme Court case for property owners’ rights, Markle Interests, … ›

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By Mark Miller

EPA files its brief in important Administrative Law case

When we last blogged about our Marquette County Road Commission v. EPA case, we reported that we had filed our principal brief opposing the government’s efforts to stymie our client’s efforts … ›

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By Mark Miller

PLF files amicus brief in Clean Water Act case

Today Pacific Legal Foundation asked the Ninth Circuit to accept an amicus brief, written on behalf of Mike and Chantell Sackett, as well as John Duarte and Duarte Nursery, supporting the defendant … ›

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